Mediation is the most effective form of alternative dispute resolution to enable a company to resolve its commercial disputes without the cost, delay and risks of court proceedings. However, mediation has so much more to offer a company in the management of its business and people.
In addition to Commercial Mediation there are other types of mediation which can benefit your company, namely:
• The Owner mediation
This involves a mediator facilitating a settlement between two employees at some point between the initial conflict, the onset of the grievance procedure and the hearing at the Employment Tribunal
Conflict comes in many forms. It can result from a power struggle, a change of responsibilities, fundamental differences of approach, rude and perceived arrogant behaviour to bullying. However, if not tackled the situation will fester and stop the team functioning properly.
The mediation enables both parties to express their opinions, it gives them the opportunity to understand the others position and find a solution under which they can both practice within the firm. It has a proven track record and while the parties in conflict will not return to being friends, they will establish the professional and working relationship they need to work together.
Mediate North Limited
Tel: 07712 661933
A team mediation is a structured process whereby an impartial mediator facilitates communication between a number of people in order to clarify the issues between them and then encourages them to come up with mutually beneficial solutions and agreements that will improve their working relationship in the future.
An ideal method of resolving issues in a team where partners have fallen out, cliques have developed amongst the fee earners, morale and performance have plummeted, and there is a lack of managerial focus for the team going forward.
We often find that after some soul searching and reality testing, the managers and employees in the team realise that this dysfunctional approach cannot continue, the managers realise how their behaviour is impairing performance, people realise that somehow solutions have to be found and there is a need to get on. As the managers and ream members are in control of the solution, and it comes from them rather than being imposed on them, it has a far higher chance of solving the previously deep rooted emotions.
As the whole process is confidential the participants can speak openly and freely, the mediator can get to the true reasons behind the conflict, not what is being said on the surface or to senior management, and provide effective solutions that will work for the future. Solutions often revolve around better communication, delegation rather than abrogation, retraining, the introduction of better systems and positively having to deal with unacceptable behaviour
THE OWNER MEDIATION
Mediation as a process is often used to resolve a shareholder dispute after the parties have fallen out, after Letters of Claim have been exchanged and after court proceedings have been issued. By this time the attitude of the parties towards each other has seriously deteriorated and there is little prospect of the two former and successful business partners working together.
The Owner Mediation is designed to resolve the differences at the point when they first become serious and a disruption to the successful running of the company.
In many ways a cross between the workplace and commercial mediation, it allows for
• grievances to be aired
• a full and frank analysis to be taken of the issues and problems
• an opportunity for each party to understand the motives behind the behaviour of the other
• an analysis of what will happen if the conflict is not resolved
• an introduction of new systems and process to improve reporting/efficiencies
• an agreement to be reached on how they will go forward
The worst case scenario is an amicable parting of the ways on appropriate terms which do not disrupt the company
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